In February 2005, the Russellville Planning Commission narrowly endorsed the rezoning plan to recommend a zoning change in western Russellville from single-family residential (R-1) to a PUD. About 50 residents were in attendance in opposition of the plan citing the condos would reduce their property values and cause traffic problems on Marina Drive.

What is a PUD?

According to the city's 20/20 Comprehensive Development Plan, in concept, a PUD is a combination of zoning designation and development plan. A detailed development plan is required for permitting. Development must follow the development plan exactly. Failure in this respect will result in reversion of the property to the original zoning. Although design innovation is encouraged, and flexibility is allowed, the PUD may not be used simply as a method of avoiding zoning regulations.

City council approves zoning change from R-1 to PUD by a vote 5-4 on April 21, 2005.

Opposition to the development enacted a public petition after the council's action. The petition effort needed 15 percent of the number of voters who voted in the last election in the city to place the issue on the ballot. Petitioning counting was set to begin May 23, 2005.

May 19, 2005, petition filed with required number of signatures needed for the issue to be put on the ballot.

Wilkins filed an emergency lawsuit against the Pope County Election Commission through his attorney, John Peel, claiming the ballot title was not legally sufficient as required by Amendment 7 of the Arkansas Constitution.

In addition to the suit Wilkins filed, petitioners opposing the development also filed a petition against the commission. However, commissioner Alex Streett said the petitioners did not provide a title, and the commission is not allowed by law to create one.

Sept. 20, 2005, Circuit Judge John Patterson ruled because there was no ballot title included in the petition, there was not enough information on the ballot for a voter to make an informed decision. The actual title printed on the ballot read, "An ordinance rezoning certain realty in the city of Russellville, Arkansas, and declaring an emergency, vote for or against."

Ballots were already printed for the election.

Late September 2005, Kinchen filed a notice of appeal to the Arkansas Supreme Court through his attorney Michael Robbins. The appeal questioned the decision Patterson made that canceled the Oct. 11 election concerning the development.